Copyright, Licenses and Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are PanaNet, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to PanaNet a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PanaNet by all means and in any media now known or hereafter developed. You also grant to PanaNet the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against PanaNet for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PanaNet.
Trademarks
PanaNet or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of PanaNet. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site
You understand that you may access both PanaNet and the Internet in general through this Web Site. You understand further that, except for information, products or services clearly identified as being supplied by PanaNet, neither PanaNet nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that, except for such PanaNet - identified information, products or services, all merchandise, information and services offered or made available or accessible through PanaNet or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with PanaNet or its affiliates.
You assume total responsibility and risk for your use of PanaNet and the Internet. PanaNet provides the site and related information "as is". Neither PanaNet nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through PanaNet or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through PanaNet or on the Internet generally.
You also understand that PanaNet cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
While using this Web Site, you may not:
- Restrict or inhibit any other user from using and enjoying the Internet;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without imitation any transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through this Web Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through this Web Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of this Web Site itself or derivative works with respect thereto, as this Web Site is copyrighted as a collective work under U.S. copyright laws.
Liability Limitations and Indemnification
PanaNet is not responsible for any damages even if PanaNet or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, PanaNet's liability is limited to the greatest extent permitted by law.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Pananet has no control over and accepts no responsibility whatsoever for such materials.
PanaNet makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-PanaNet web site, be fully aware that it is independent from PanaNet, and that PanaNet has no control over the content on that web site. In
addition, a link to a PanaNet web site does not mean that PanaNet endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless PanaNet, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
The above provisions are for the benefit of PanaNet and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
UNDER NO CIRCUMSTANCES SHALL PANANET, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If you are dissatisfied with this Web Site or with any terms, conditions, rules, policies, guidelines, or practices of PanaNet in operating this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
Term and Termination
This Agreement may be terminated by either party without notice at any time for any reason. However, the above provisions shall survive any termination of this Agreement.
Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between PanaNet and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PanaNet's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PanaNet may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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